Privacy Injunctions

Lord Thomas of Gresford Excerpts

Monday 23rd May 2011 Lords Chamber

[Lord Wallace of Tankerness]

I certainly hear what the noble Lord says and, as he has indicated, the terms of reference are still to be agreed. Without any commitment on whether it might be included, I will certainly draw his comments and the Bill that he previously introduced to the attention of my right honourable friends. It also might be fair to point out that for many years now—long before the incorporation of the European Convention on Human Rights into our domestic legislation—there have been quite strict rules in place on the naming of children in court proceedings. It is fair to say that, by and large, those have very much been observed.

[Lord Thomas of Gresford]

We on these Benches welcome the report, which recognises that where secrecy is ordered it should only be to the extent strictly necessary to achieve the interests of justice. We also welcome the provision of notice to the press of an application of this type and the requirement of an openly available judgment. Does my learned friend—my noble friend—

[Lord Falconer of Thoroton]

My noble and learned friend.

[Lord Thomas of Gresford]

Does my noble and learned friend accept that Article 10 of the European Convention on Human Rights, which provides for the right to freedom of expression, is qualified? It is that the exercise of that freedom,

“carries with it duties and responsibilities”,

and,

“may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society”.

It specifically refers to,

“the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary”.

Would he agree with me that judicial authority must be maintained? As the noble and learned Lord, Lord Falconer, said, the court sees the evidence and comes to a balanced judgment, and any attempt to interfere with that, even by the use of parliamentary privilege, simply because a politician cannot agree with the judgment when he does not know the facts, is to be deplored?

[Lord Wallace of Tankerness]

My Lords, my noble friend is right to quote at length Article 10. As I said earlier to the noble and learned Lord, Lord Falconer of Thoroton, these issues and the tensions between Articles 8 and 10 were considered at considerable length during the passage of the Human Rights Bill and express provision was made in Section 12 of that Act to give further guidance to the judiciary to establish that balance.

The other point that I would make, in substantially agreeing with my noble friend, is that in my experience, in politics and law, unless you have been involved in the case you usually do not know all the facts of the case. Very often that is in terms of sentencing; it is only the judge and the people involved in the case who know all the facts and on the basis of those facts come to the judgment that they make. That is a duty and that is what they do.